Attachment 8 Fort Rucker Reg 190-5 Fort Rucker Motor Vehicle Regulation (11 Jul 2019).pdf

Fort Rucker Reg 190-5 • 11 July 2019

*Fort Rucker Reg 190-5

DEPARTMENT OF THE ARMY

U.S. ARMY INSTALLATION MANAGEMENT COMMAND

HEADQUARTERS U.S. ARMY GARRISON

2218 6TH AVENUE

FORT RUCKER AL 36362-5105

Fort Rucker Regulation 11 July 2019 No. 190-5

Military Police

FORT RUCKER MOTOR VEHICLE REGULATION

Paragraph Page

CHAPTER 1. GENERAL

Purpose ................................................................................... 1-1 4 Scope ...................................................................................... 1-2 4 Staff Responsibilities ................................................................ 1-3 4 United States District Court System ......................................... 1-4 5 Definitions ................................................................................ 1-5 5

CHAPTER 2. DRIVING PRIVILEGES

Requirements for Driving Privileges ......................................... 2-1 6 Commercial Driver’s License ................................................... 2-2 7 Implied Consent ....................................................................... 2-3 7 Traffic Point System ................................................................. 2-4 8 Suspension or Revocation of Driving Privileges ....................... 2-5 8 Table 2-1 Procedures for Suspension or Revocation of Driving Privileges ............................................................................... 2-6 12 Army Administrative Actions against Intoxicated Drivers .......... 2-7 15 Alcohol and Drug Abuse Programs .......................................... 2-8 15 Restoration of Driving Privileges upon Acquittal of Intoxicated Driving ................................................................. 2-9 16 Restricted Driving Privileges .................................................... 2-10 17 Reinstatement of Driving Privileges ......................................... 2-11 18 Extensions of Suspension and Revocation .............................. 2-12 19

*This regulation supersedes Fort Rucker Reg 190-5, 26 Jun 13, with Change 1, 22 July 14; and Change 2, 11 Feb 15.

CHAPTER 3. FORT RUCKER TRAFFIC CODE

Purpose ................................................................................... 3-1 19 Obedience to the Vehicle Regulation, Law Enforcement Personnel, and Traffic Control Devices .................................. 3-2 19 Display of Signs, Signals, or Markings ..................................... 3-3 20 Interference with Official Traffic Control Devices ...................... 3-4 20 Standard Speed Laws .............................................................. 3-5 20 Maximum Speed ...................................................................... 3-6 20 Minimum Speed ....................................................................... 3-7 20 Passing of Troop Formations in a Roadway ............................. 3-8 21 Parking Restrictions ................................................................. 3-9 21 Placement of Signs Prohibiting Parking ................................... 3-10 21 Reserved Parking Spaces ........................................................ 3-11 21 Alcohol, Drugs, and Other Prohibited Driving Practices............ 3-12 21 Careless Driving....................................................................... 3-13 22 Obstruction to Driver’s Vision or Hearing or the Driving Mechanism ............................................................................ 3-14 22 Use of Restraint Systems ......................................................... 3-15 24 Pedestrian’s Obedience to Traffic Control Devices and Traffic Regulations ............................................................................ 3-16 24 Crosswalks .............................................................................. 3-17 25 Solicitation of Rides (Hitchhiking) ............................................. 3-18 26 Accident Reporting ................................................................... 3-19 26 Accident Involving Death or Personal Injury ............................. 3-20 26 Accident Involving Damage to Vehicle or Property ................... 3-21 26 Duty upon Striking Unattended Vehicle or Property ................. 3-22 27 Penalty for Giving False Information ........................................ 3-23 27 Bicycles/Non-Motorized Scooters/Skateboards/Roller Blades/ Segways/Hoverboards ........................................................... 3-24 27 Motorcycle Operations ............................................................. 3-25 28 Recreational and Off-Road Vehicles ........................................ 3-26 30 Required Equipment for Vehicle Operation .............................. 3-27 30 Vehicles in Unsafe Condition ................................................... 3-28 30 Inspection of Vehicles .............................................................. 3-29 31 Display of State License Plates ................................................ 3-30 31 Playing of Audio Devices (Radio, Cassette, CD/DVD Player) ................................................................................... 3-31 31 Transport of Privately Owned Firearms in a Privately Owned Vehicle ................................................................................... 3-32 31 Riding of Animals or Animal Drawn Conveyances .................... 3-33 32 Display of Outside the Continental United States License Plates ..................................................................................... 3-34 32 Alabama State Rules for Taxis and Nonprofits Operation on Fort Rucker ............................................................................ 3-35 32

CHAPTER 4. POINT ASSESSMENTS, DELETIONS, AND SUSPENSIONS

Applicability .............................................................................. 4-1 33 General .................................................................................... 4-2 33 Disposition of Points Assessed ................................................ 4-3 34 Removal of Entries ................................................................... 4-4 34 Table 4-1 Table 4-2

CHAPTER 5. TOWING/IMPOUNDING OF VEHICLES

Vehicle Towing/Impoundment .................................................. 5-1 36 Provost Marshal’s Authorization to Remove Vehicles .............. 5-2 36 Towing/Impounding of Vehicles under Emergency Conditions .............................................................................. 5-3 36 Towing/Impounding of Abandoned/Suspected Abandoned Vehicles ................................................................................. 5-4 36 Impoundment of a Vehicle for Evidence ................................... 5-5 37 Storage of Recreational Vehicles and Equipment .................... 5-6 37

Table 5-1

APPENDIX A. Crosswalk Policy B. Reserved Parking Spaces Table B-1 C. Streets and Avenues Off-Limits to Joggers/Formations D. Alabama Child Restraint Law E. References

Glossary

CHAPTER 1

GENERAL

1-1. PURPOSE. This regulation (reg) sets policy, responsibilities, and procedures for motor vehicle traffic supervision on Fort Rucker. It is designed to ensure the safety and usability of all roadways and to ensure the safe operation of vehicles, including bicycles, scooters, skateboards, roller blades, motorcycles, Segways, all-terrain vehicles to include side by sides and quad runners, as well as pedestrian movements on all parts of Fort Rucker. Fort Rucker is defined as the main installation and all satellite installation airfields. All satellite activities and outlying areas are under the control of the senior commander (SC) of Fort Rucker.

1-2. SCOPE.

a. This reg is punitive in nature and any violation of the rules and procedures contained herein may result in disciplinary action, administrative actions, and/or punishment under the Uniform Code of Military Justice.

b. All Department of Defense (DOD) personnel, retirees, military and their family members, civilian and contractor employees, visitors, and all other persons affiliated with Fort Rucker are bound to adhere to the rules contained in this reg and should thoroughly familiarize themselves with the provisions of this reg. The same will abide by all elements contained herein.

1-3. STAFF RESPONSIBILITIES.

a. The SC has delegated to the garrison commander (GC) authority to regulate and administer the operation of all motor vehicles on the Fort Rucker installation and all satellite airfields and heliports.

b. Commanders, directors, and chiefs of assigned and tenant activities will ensure that all personnel are familiar with the contents of this reg. All newly assigned personnel, both military and civilian, as well as contractor and direct-hire employees, should receive an orientation on this reg and their inherent responsibility to comply with its provisions.

c. The Provost Marshal Office will maintain records on traffic citations, driver suspensions, revocations, and restrictions.

d. All military personnel are required to in-process and out-process at the Provost Marshal Office, building 5001, upon arriving and prior to departing Fort Rucker.

e. The Directorate of Human Resources will place this reg on the Fort Rucker Intranet.

Therefore, if additional copies are required, units and activities may access this reg on the intranet located at https://intranet.rucker.army.mil.

1-4. UNITED STATES DISTRICT COURT SYSTEM.

a. Title 32, Code of Alabama, Motor Vehicles and Traffic, is applicable to all vehicular traffic and pedestrian movements on Fort Rucker. The SC has implemented the United States (U.S.) District Court System for the disposition of traffic offenses.

b. The U.S. District Court System provides the district attorney with the means to process and dispose of certain categories of minor offenses by mail. Under this system, U.S. District Courts have, by local rule, established preset fines for many of the minor violations. This system permits persons charged with such violations who do not contest the charge, or wish to have a court hearing, to pay their fines using a preaddressed envelope furnished to them when they are issued a Central Violations Bureau (CVB) form.

c. The objectives of the U.S. District Court System are to provide:

(1) Effective but minimal commitment of judicial and clerical time by using uniform procedures which centralize the collection of fines, the scheduling of mandatory hearings when requested or required, and the keeping of records.

(2) A simple but sure method of accounting for tickets issued and fines collected.

(3) Convenience to the public.

(4) Efficient enforcement of traffic laws and prosecution of violations of these laws.

d. All violations of Title 32, Code of Alabama, committed on Fort Rucker by personnel driving privately owned vehicles (POVs) will be referred to U.S. District Court. Violations of this Fort Rucker motor vehicle reg may also be referred to U.S. District Court.

1-5. DEFINITIONS.

a. Motor Vehicle. Every vehicle driven or drawn by mechanical power not including vehicles operated exclusively on rails or electric personal assistive mobility devices.

b. Traffic Accident. An event causing injury or damage and involving one or more vehicles on a street, highway, roadway, parking lot, or the shoulder and sidewalk thereof.

c. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a street, highway, roadway, or the shoulder and sidewalk thereof, excepting devices moved by human power, used exclusively upon stationary rails or tracks, or electric personal assistive mobility devices. For the purposes of this reg, bicycles, golf carts, and utility vehicles are considered vehicles.

d. Active Duty. A term which covers all regular Army Soldiers, Title 10 status U.S. Army Reserve Soldiers, and Army National Guard Soldiers.

CHAPTER 2

DRIVING PRIVILEGES

2-1. REQUIREMENTS FOR DRIVING PRIVILEGES.

a. Driving a POV or Government owned vehicle (GOV) on Fort Rucker is a privilege granted by the SC, who may delegate this authority in writing to the GC. Persons who accept this privilege must:

(1) Comply with laws and regs governing motor vehicle operation on Fort Rucker.

(2) Be lawfully licensed to operate motor vehicles in appropriate classifications and not be under suspension or revocation in any state or host nation.

(3) Possess while operating a motor vehicle and produce on request by law enforcement personnel the following:

(a) A valid state driver’s license and/or Optional Form (OF) 346, as applicable to the class of vehicle to be operated.

(b) Proof of state vehicle registration or vehicle ownership.

(c) Proof of valid vehicle insurance. Proof of insurance consists of an insurance card or other documents issued by the insurance company that have a policy effective date and an expiration date. Documents displayed on a personal electronic device which contain the effective date and an expiration date will be considered valid proof of insurance.

(d) Produce upon request a Common Access Card, Department of Defense (DD) Form 1173, DD Form 2S (RES) Green, Department of the Army (DA) Form 1602, or other appropriate identification for non-DOD civilians.

(e) Produce upon request regulatory permits or other pertinent documents relative to the shipping and transportation of special cargo and documents that establish the identification and status of cargo or occupants, when appropriate.

(f) When driving a GOV, possess a valid civilian driver’s license, a certificate indicating completion of the Accident Avoidance course within the previous four years, and a valid vehicle dispatch. Drivers operating a vehicle with a gross weight in excess of 10,000 pounds must also have in their possession an OF 346. Drivers of vehicles transporting explosives must meet Department of Transportation (DOT) requirements as listed in Fort Rucker Pamphlet (Pam) 385-64.

(g) It is the responsibility of individual commanders and directors to ensure their military and civilian drivers of GOVs, who are also under the age of 26, have the required Army traffic safety training in accordance with (IAW) Army Regulation (AR) 385-10.

b. A suspension or temporary withdrawal by formal action of state authority of a person’s license or privilege to operate a motor vehicle on the public highways automatically disqualifies the individual from operating a POV on a military installation, since they are no longer licensed to drive.

c. All personnel operating a POV on Fort Rucker are responsible for carrying and producing proof of current motor vehicle insurance for the entire period during which the vehicle is to be operated on Fort Rucker. Motor vehicle liability insurance must be consistent with Alabama state law.

d. Unit commanders, directors, and tenant activity chiefs are responsible for ensuring that assigned personnel comply with the above insurance and license requirements.

Units/supervisors should conduct an annual review to enforce this requirement.

e. Motor Vehicle or Criminal Infraction. Any person who operates or is in control of a motor vehicle on Fort Rucker involved in a motor vehicle or criminal infraction will be informed that notice of the violation of law or reg will be forwarded to the Alabama Department of Motor Vehicles (DMV) and/or the DMV of the state the individual is licensed through and to the National Register, when applicable.

2-2. COMMERCIAL DRIVER’S LICENSE.

a. IAW Title 32-6-49.10, Code of Alabama, a commercial driver’s license with required markings and information is required to operate a non-tactical GOV when the gross vehicle weight rating is 26,001 pounds or higher or with a passenger-carrying capacity greater than 15 passengers, including the driver.

b. Operators of General Services Administration vehicles on Fort Rucker should coordinate all matters concerning the vehicles (e.g., dispatching, servicing, maintaining) with Transportation Division, Logistics Readiness Center.

2-3. IMPLIED CONSENT.

a. Implied Consent to Blood, Breath, or Urine Tests. Every person operating a motor vehicle on Fort Rucker will be deemed to have given their consent to evidentiary tests for alcohol or other drug content of their blood, breath, or urine when lawfully stopped, apprehended, or cited for any offense allegedly committed while driving or in physical control of a motor vehicle on Fort Rucker to determine the influence of intoxicants.

b. Implied Consent to Impoundment. Every person granted the privilege to operate a motor vehicle on Fort Rucker will be deemed to have given their consent for the removal and temporary impoundment of their POV.

(1) A vehicle may be impounded when it is parked illegally; parked for unreasonable periods as determined by the SC or Directorate of Public Safety (DPS); or when it is interfering with military operations, creating a safety hazard, disabled by accident, left unattended in a restricted or controlled area, abandoned, or left as a result of a driving under the influence (DUI) charge. Such persons further agree to reimburse the U.S. Government for the cost of towing and storage should their motor vehicle be removed or impounded. Existence of these conditions will be determined by the SC or delegated to DPS.

(2) Another responsible person may be allowed to drive or tow the POV with permission from the owner, operator, or person empowered to control the vehicle, provided this person is currently present at the scene. In this case, the owner, operator, or person empowered to control the vehicle will be informed that law enforcement personnel are not responsible for safeguarding the POV.

2-4. TRAFFIC POINT SYSTEM.

a. The traffic point system provides a uniform administrative device to impartially judge the driving performance of personnel authorized to operate a motor vehicle on Fort Rucker. This system is not a disciplinary measure or a substitute for punitive action. It is not intended to interfere with the SC’s prerogative to issue, suspend, revoke, deny, or reinstate Fort Rucker driving privileges.

b. DPS will assess points IAW chapter 4 of this reg when a person is found to have committed a violation and the finding is by the unit commander or civilian supervisor, a military or civilian court (including a U.S. District Court), or upon payment of a fine, forfeiture of pay or allowances, or posted bond or collateral. Points applied for each violation will be assessed IAW the points schedule in chapter 4.

c. Suspension of Fort Rucker driving privileges is an administrative action. Administrative actions do not preclude judicial action on the part of the U.S. District Court. If an individual is ordered by a court to attend a state-approved driver’s school, the individual must satisfactorily complete that school in addition to any training ordered by their command.

2-5. SUSPENSION OR REVOCATION OF DRIVING PRIVILEGES.

a. By memorandum Delegation of Authority, dated 20 April 2016, the SC delegated to the GC the authority to administratively suspend or revoke POV and GOV driving privileges on Fort Rucker for cause or any lawful reason. The suspension or revocation of installation driving privileges, for lawful reasons unrelated to traffic violations or safe vehicle operation, is not limited or restricted by this reg.

b. Suspension versus Revocation. For the purposes of this reg, the term “suspension” means that a person’s driving privileges have been taken away for a period of six months or less. The term “revocation” means that a person’s driving privileges have been taken away for a period of more than six months.

c. Driving privileges may be suspended, revoked, or otherwise limited for the reasons listed in table 2-1. Traffic offenses not specifically listed in table 2-1 will be handled by the GC on a case-by-case basis.

TABLE 2-1

SUSPENSION OR REVOCATION PERIODS OF DRIVING PRIVILEGES

Violation Consequence Driving while driver’s license or installation driving privileges are under suspension or revocation.

5-year revocation is mandatory.

(IAW AR 190-5)

Refusal to submit to or failure to complete chemical tests (implied consent).

1-year revocation is mandatory.

(IAW AR 190-5)

Manslaughter resulting from the operation of a motor vehicle or negligent homicide by vehicle.

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor (0.08 percent blood alcohol content (BAC) or greater).

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Driving a motor vehicle while under the influence of any narcotic or while under the influence of any other drug (including alcohol) to the degree rendered incapable of safe vehicle operation.

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Use of a motor vehicle in the commission of a felony.

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Fleeing the scene of an accident involving death or personal injury (hit and run).

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Perjury or making a false statement or affidavit under oath to responsible officials relating to the ownership or operation of motor vehicles.

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Unauthorized use of a motor vehicle belonging to another when the act does not amount to a felony.

1-year revocation is mandatory on conviction.

(IAW AR 190-5)

Mental or physical impairment (not including alcohol or other drug use) to the degree rendered incompetent to drive.

Suspension for 6 months or less or revocation for a period not to exceed 1 year is discretionary. (IAW AR 190-5)

Commission of an offense in another state which, if committed on the installation, would be grounds for suspension or revocation.

Suspension for 6 months or less or revocation for a period not to exceed 1 year is discretionary. (IAW AR 190-5)

Permitting unlawful or fraudulent use of an official driver’s license.

Suspension for 6 months or less or revocation for a period not to exceed 1 year is discretionary. (IAW AR 190-5)

Conviction of fleeing, or attempting to elude, a police officer.

Suspension for 6 months or less or revocation for a period not to exceed 1 year is discretionary on conviction. (IAW AR 190-5)

Conviction of racing on the highway. Suspension for 6 months or less or revocation for a period not to exceed 1 year is discretionary on conviction. (IAW AR 190-5)

Violation Consequence Use of a motor vehicle in the commission of a misdemeanor offense (including, but not limited to, shoplifting, possession of an unregistered weapon, contributing to the delinquency of a minor, reckless endangerment, etc.).

Suspension for 6 months.

The state registration of the vehicle is suspended or revoked for any reason as provided in the laws of any state where said vehicle is being operated.

Suspension for 6 months is discretionary.

Owner fails to meet the motor vehicle insurance requirements outlined in paragraph 2-1a(3)(c) of this reg.

Suspension for 3 months is discretionary;

revocation will be lifted once the driver provides proof of insurance that was valid at the time of the violation.

Individual receives 12 traffic points within a 12-month period or 18 traffic points within a 24-month period as outlined in paragraph 4-2c(3) of this reg.

Suspension for 6 months or revocation for a period not to exceed 1 year is discretionary; if the driver takes a remedial driving course at their own expense, the suspension/revocation may be lifted early on a case-by-case basis.

Personnel possess unlawful drugs while driving or are found to be in physical control of a motor vehicle while possessing unlawful drugs.

1-year revocation is mandatory; the driver must complete the Army Substance Abuse Program (ASAP) before driving privileges will be restored.

Personnel fail to properly notify the military police/Department of the Army Civilian Police (DACP) or fail to remain at the scene of an accident involving a GOV or POV, as required by chapter 3.

Suspension for 3 months.

Personnel fail to comply with the safety standards and equipment listed in chapter 3.

Suspension for 3 months is discretionary.

Personnel receiving four parking violations within a 12-month period or six parking violations in a 24-month period.

Suspension for 3 months is discretionary.

Personnel apprehended for operating a motor vehicle without a valid driver’s license in their possession unless a valid license is produced within five working days; the license, when produced, must have been valid at the time of the original apprehension.

Suspension for 3 months is discretionary.

Personnel cited for speeding within a 12-month period.

30-day suspension for two citations within a 6-month period; 90-day suspension for four citations within a 12-month period; suspension may be enhanced if the driver was speeding in excess of 10 miles per hour (MPH).

Speeding 20 MPH or more in excess of the posted speed limit.

30-day suspension for first offense; 90-day suspension for second offense; both are discretionary.

d. DUI Suspensions (AR 190-5, paragraph 2-4a(3)). Immediate suspension of installation POV driving privileges pending resolution of an intoxicated driving incident is authorized for active duty military personnel, retired members of the military services, DOD civilian personnel, and others with installation driving privileges, regardless of the geographical location of the intoxicated driving incident. Suspension is authorized for non-DOD affiliated civilians only with respect to incidents occurring on the installation or in areas subject to military traffic supervision.

After a review of available information as specified in paragraph 2-6b of this reg, installation driving privileges will be immediately suspended pending resolution of the intoxicated driving incident in the following circumstances:

(1) Refusal to take or complete a lawfully requested chemical test to determine the contents of blood for alcohol or other drugs.

(2) Operating a motor vehicle with a BAC of 0.08 percent by volume (0.08 grams per 100 milliliters) or higher in violation of Alabama law. This will also include personnel under the age of 21 who are found to be in actual physical control of a vehicle while their BAC is 0.02 percent or higher.

(3) On an arrest report or other official documentation of the circumstances of an apprehension for intoxicated driving and/or operating a motor vehicle under the influence of a controlled substance.

e. Unit Commander Authority. The GC has delegated to all company-level and above commander’s limited authority for administrative suspension of installation driving privileges of Soldiers under their command. These commanders have the authority to suspend for a period not to exceed 30 days the Fort Rucker driving privileges of Soldiers assigned to their unit. This is intended as a remedial measure for Soldiers who are issued one or more traffic citations by a military or civilian police officer. Suspensions will be processed IAW paragraph 2-6 of this reg.

f. Revocations.

(1) The revocation of installation POV driving privileges is a severe administrative measure to be exercised for serious moving violations or when other available corrective actions fail to produce the desired driver improvement. Revocation of driving privileges will be for a specified period but never less than six months. The revocation applies at all military installations and remains in effect upon reassignment and/or permanent change of station.

(2) Driving privileges are subject to revocation when an individual fails to comply with any of the conditions requisite to granting the privilege (see paragraph 2-1 of this reg).

Revocation of installation driving privileges is authorized for military personnel, DOD civilian employees, contractors, and other individuals with installation driving privileges. For civilian guests, revocation is authorized only with respect to incidents occurring on the installation or in areas subject to military traffic supervision.

(3) Driving privileges will be revoked for a mandatory period of not less than one year in the following circumstances:

(a) The SC or their designee has determined that the person lawfully apprehended for DUI refused to submit to or complete a test to measure the alcohol content in the blood or detect the presence of any other drug as required by the law of the jurisdiction or installation traffic code or by service directive.

(b) A conviction, non-judicial punishment, or military or civilian administrative action resulting in the suspension or revocation of driver’s license for intoxicated driving. Appropriate official documentation of such a conviction is required as the basis for revocation.

2-6. PROCEDURES FOR SUSPENSION OR REVOCATION OF DRIVING PRIVILEGES.

a. Offenses other than DUI (listed in table 2-1). For a suspension or revocation to be implemented, DPS will forward its recommendation along with all relevant information regarding the violation to the Chief, Administrative and Civil Law, Office of the Staff Judge Advocate (OSJA) for legal review. OSJA will then forward the packet to the GC for final determination. If the GC makes the determination to suspend or revoke driving privileges, notification will be provided through the Soldier’s chain of command or via certified mail if the affected person is a civilian.

(1) Suspension or revocation of installation driving privileges, other than state suspension or revocation of issued driving privileges, will not become effective until the GC notifies the affected person and offers that person an initial hearing with a judge advocate officer or OSJA DA Civilian attorney. Suspension or revocation will take place 14 calendar days after written notice is received unless the affected person makes an application for a hearing within this period. Such application will stay the pending suspension or revocation for a period of 14 calendar days from the date of suspension or until written notice of the results of the hearing is served upon the affected person, whichever time period is less. After the hearing, the OSJA will forward its recommendation to the GC for final determination.

(2) If, due to action by the Government, a hearing is not held within 14 calendar days, the suspension or revocation will not take place until such time as the person is granted a hearing and is notified of the GC’s decision. However, if the affected person requests that the hearing be continued to a date beyond the 14-day period, the suspension or revocation will become effective immediately on receipt of notice that the request for continuance has been granted and will remain in force pending a hearing at a scheduled hearing date.

(3) If the GC imposes a suspension or revocation after such hearing, the suspension or revocation will become effective when the affected person receives the written notification of such action. In the event that written notification cannot be verified either through a return receipt for mail or delivery through command channels, the GC will determine the effective date on a case-by-case basis.

(4) If the GC imposes a suspension or revocation after such hearing, the person whose driving privileges have been suspended or revoked will have the right to appeal or request reconsideration. Such requests must be forwarded through command channels to the GC within 14 calendar days from the date the individual is notified of the suspension or revocation resulting from the administrative hearing. The suspension or revocation will remain in effect pending a final ruling on the request. Requests for restricted privileges will be considered per paragraph 2-10 of this reg.

(5) If driving privileges are temporarily restored (i.e., for hardship or any other appropriate reason) pending resolution of charges, the period of revocation (after final authority determination) will still total the mandatory 12 months IAW AR 190-5. The final date of the revocation will be adjusted to account for the period when the violator’s privileges were temporarily restored, as this period does not count towards the revocation time.

b. For drunk driving or DUI offenses, an immediate suspension is authorized; notice will be provided to the affected person as described in paragraphs (1) and (2) below.

(1) For all individuals written notice of suspension for intoxicated driving will be presented to the individual immediately upon release from custody. DA Civilian employees who are members of a bargaining unit are responsible for notifying union leadership within 24 hours of suspension and/or revocation action.

(2) Notices of suspension for intoxicated driving will include the following:

(a) The fact that the suspension can be made a revocation under paragraph 2-5 of this reg.

(b) The right to request, in writing, a hearing before the Chief, Administrative and Civil Law, OSJA, to recommend whether installation driving privileges should be restored pending resolution of the charge and that such request must be made within 14 calendar days of the final notice of suspension. The requestor may elect to submit a memorandum written IAW AR 25-50, supporting their request for restoration of driving privileges and attach other relevant documents for the Chief, Administrative and Civil Law, OSJA, to consider in lieu of a personal appearance.

(c) The right of military personnel to be represented by counsel at their own expense and to present evidence and witnesses at their own expense. Members of the Armed Forces may also be accompanied to the hearing by an officer or noncommissioned officer from their command.

(d) The right of DOD civilian employees to have a personal representative present at the administrative hearing IAW applicable laws and regs. Those employed on the installation as DA Civilian employees may also be accompanied by their supervisor.

(e) The right of family members and other civilians who are not DA or DOD employees to be represented by counsel at their own expense, to present evidence and witnesses at their own expense.

(f) Written acknowledgment of receipt, to be signed by the individual whose privileges are to be suspended or revoked.

(g) The fact that failure to appear at the hearing may result in the suspension remaining in effect.

(3) If a hearing is requested, it must take place within 14 calendar days of receipt of the request. The suspension for intoxicated driving will remain in effect until a decision has been made by the GC, but it will not exceed 14 calendar days after the hearing while awaiting the decision. If no decision has been made by that time, full driving privileges will be restored until such time as the accused is notified of a decision to continue the suspension.

(4) A hearing on suspension actions under paragraph 2-5d of this reg for drunk or impaired driving pending resolution of charges will cover only the following pertinent issues of whether:

(a) The law enforcement official had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or controlled substances.

(b) The person was lawfully cited or apprehended for a DUI offense.

(c) The person was lawfully requested to submit their blood, breath, or urine in order to determine the content of alcohol or other drugs and was informed of the implied consent policy (consequences of refusal to take or complete the test).

(d) The person refused to submit to the test for alcohol or other drug content of blood, breath, or urine; failed to complete the test; submitted to the test and the result was 0.08 or higher BAC; or blew less than a 0.02 BAC after clearly exhibiting the physical and verbal signs of narcotic-induced impairment for an off post apprehension.

(e) The testing methods were valid and reliable and the results accurately evaluated.

(5) Reliable evidence includes witness statements, military or civilian police reports of apprehension, chemical test results if completed, refusals to consent to complete chemical testing, videotapes, statements by the apprehended individual, field sobriety or preliminary breath test results, breathalyzer instrument maintenance records, and other pertinent evidence.

Immediate suspension should not be based solely on published lists of arrested persons, statements by parties not witnessing the apprehension, or telephone conversations or other information not supported by documented and reliable evidence.

(6) Suspensions for intoxicated driving offenses will become revocations IAW AR 190-5, upon conviction, other findings, or an alternate disposition that confirms the charge.

(Pleas of nolo contendere are considered equivalent to guilty pleas.)

(a) Revocations are effective as of the date of conviction or other findings that confirm the charges. Test refusal revocations will be in addition to any other revocation incurred during a hearing. The GC will determine if revocations for multiple offenses will run consecutively or concurrently, taking into consideration if offenses occurred on the same occasion or at different times and dates. The exception is that test refusal will result in a one year automatic revocation in addition to any other suspension.

(b) The notice that revocation is automatic may be placed in the suspension letter. If it does not appear in the suspension letter, a separate letter must be sent; revocation is not effective until receipt of the written notice.

(c) Revocations cancel any full or restricted driving privileges that may have been restored during suspension and the resolution of the charges. Requests for restoration of full driving privileges are not authorized IAW AR 190-5, paragraph 2-6c(10)(c).

2-7. ARMY ADMINISTRATIVE ACTIONS AGAINST INTOXICATED DRIVERS. The SC will take appropriate action against intoxicated drivers. These actions may include the following:

a. A written reprimand, administrative in nature, will be issued by the general courts-martial convening authority to active duty Soldiers in the cases described below. Filing of the reprimand will be IAW the provisions of AR 600-37.

(1) Conviction by court-martial or civilian court or imposition of non-judicial punishment for an offense of drunk or impaired driving either on or off the installation.

(2) Refusal to take or failure to complete a lawfully requested test to measure the alcohol or drug content of blood, breath, or urine, either on or off the installation when there is reasonable belief of driving under the influence of alcohol or drugs.

(3) Driving or being in physical control of a motor vehicle on the installation when BAC is 0.08 percent or higher, irrespective of other charges on or off the installation.

(4) Driving or being in physical control of a motor vehicle, either on or off the installation, when lawfully conducted chemical tests reflect the presence of illegal drugs.

b. The commander will review the service records of active duty Soldiers apprehended for drunk or impaired driving to determine if any of the following actions should be taken:

(1) Administrative reduction per AR 600-8-19.

(2) Bar to reenlistment per AR 601-280.

(3) Administrative separation per AR 635-200.

2-8. ALCOHOL AND DRUG ABUSE PROGRAMS.

a. Commanders or their designated representatives will, IAW AR 600-85, refer military personnel suspected of alcohol or other drug abuse to the Fort Rucker ASAP for screening.

(1) Command observation of behavior indicative of alcohol or substance abuse does require referral.

(2) A Soldier apprehended for DUI, drug possession, or being drug positive must be referred.

b. The primary type of chemical test used on Fort Rucker is the breath analysis testing device which is approved by the state of Alabama. The urine or blood test is used when the breath analysis test is impractical or when the person being tested is suspected of being under the influence of drugs other than alcohol. Involuntary extraction of bodily fluids will be IAW

AR 190-5.

c. Active duty Army personnel apprehended for DUI on or off the installation will be referred to the Fort Rucker ASAP for evaluation within five working days to determine if the Soldier is dependent on alcohol or other drugs.

d. Supervisors of civilian employees apprehended for DUI will advise these employees of the ASAP services available. Civilian employees apprehended for DUI while on duty will be referred to the Fort Rucker Employee Assistance Program (EAP) IAW DA Pam 600-85.

e. Commanders will ensure that sponsors encourage members apprehended for DUI to seek assistance through the Fort Rucker EAP.

f. Fort Rucker driving privileges of any person refusing to submit to or failing to complete chemical testing for BAC when apprehended for DUI or convicted for other offenses described in paragraph 3-12 of this reg will not normally be reinstated until they successfully complete a DUI education and treatment program sponsored by the installation, municipality, county, state, or other private program. Any private program must be evaluated and determined to be acceptable by the Fort Rucker ASAP. Additionally, DUI offenders must be cleared by the Fort Rucker ASAP to ensure that they pose no immediate threat to the safety of others.

2-9. RESTORATION OF DRIVING PRIVILEGES UPON ACQUITTAL OF INTOXICATED

DRIVING. The suspension of driving privileges for military and civilian personnel will be restored if a final disposition indicates a finding of not guilty, charges are dismissed, nolle prossed, reduced to an offense not amounting to intoxicated driving, or an equivalent determination is made in a non-judicial proceeding. The affected person should submit official documentation of the final disposition of the DUI offense and proof of a valid driver’s license to the Chief, Administrative and Civil Law, OSJA, for review before the GC will restore driving privileges. The review should occur within one working day of receipt of the request for restoration under this paragraph. The following are exceptions to the rule, in which suspensions will continue to be enforced:

a. The preliminary suspension was based on refusal to take a BAC test.

b. The preliminary suspension resulted from a valid BAC test (unless disposition of the charges was based on invalidity of the BAC test). In the case of a valid BAC test, the suspension will continue pending completion of a hearing as specified in paragraph 2-6 of this reg. In such instances, the individual will be notified in writing that the suspension will continue and of the opportunity to request a hearing within14 calendar days.

(1) At the hearing, the arrest report, commander’s report of official disposition, information presented by the individual, and such other information as the hearing officer may deem appropriate will be considered.

(2) If the hearing officer determines by preponderance of evidence that the individual was engaged in impaired driving, the revocation will be for one year from the date of the original preliminary suspension.

c. The person was driving or in physical control of a motor vehicle while under a preliminary suspension or revocation.

d. An administrative determination has been made by the state or host nation licensing authority to suspend or revoke driving privileges.

e. The individual has failed to complete a formally directed substance abuse or driver’s training program.

2-10. RESTRICTED DRIVING PRIVILEGES.

a. Requests for restricted driving privileges on Fort Rucker subsequent to suspension or revocation of installation driving privileges will be referred in writing through command channels (for service members) to the Chief, Administrative and Civil Law, OSJA, who will review the request and make a recommendation to the approval authority for disposition. The approval authority for granting restrictions in intoxicated driving cases is the commanding general IAW AR 190-5. The GC is the approval authority for granting restrictions in all other cases.

Withdrawal of restricted driving privileges is within the GC’s discretion.

b. Restricted driving privileges will not be granted to any person whose driver’s license or right to operate motor vehicles is under suspension or revocation by a state, federal, or host nation licensing authority. Prior to application for restricted driving privileges, a state, federal, or host nation driver’s license or right to operate motor vehicles must be reinstated. The burden of proof for reinstatement of driving privileges lies with the person applying for probation or restricted driving privileges. Revocations for test refusals will remain in effect.

c. IAW the guidelines provided in paragraph 2-10a of this reg, the approval authority may grant restricted driving privileges on a case-by-case basis, provided the person’s state or host nation driver’s license or right to operate motor vehicles remains valid, to accommodate any of the following reasons:

(1) Mission requirements.

(2) Unusual personal circumstances or hardships.

(3) Delays exceeding 90 days, not attributed to the person concerned, in the formal disposition of an apprehension or charges that are the basis for any type of suspension or revocation.

(4) When there is no reasonably available alternate means of transportation to officially assigned duties. In this instance, a limited exception can be granted for the sole purpose of driving directly to and from the place of duty.

d. The terms and limitations on restricted driving privileges (e.g., authorization to drive to and from the place of employment/duty or selected installation facilities such as the health clinic, commissary, and/or other facilities) will be specified in writing and provided to the individual concerned. Persons found in violation of restricted driving privileges are subject to revocation action as prescribed in paragraph 2-5 of this reg.

e. The terms and conditions of restricted driving privileges will be specified in writing and provided to the individual concerned. The original suspension or revocation term in its entirety may be activated to commence from the date of the violation of restricted driving privileges. In addition, separate action may be initiated based on the commission of any traffic, criminal, or military offense that constitutes a violation of restricted driving privileges.

f. Any DOD employee or contractor employees who can demonstrate that suspension or revocation of installation driving privileges would constructively remove them from employment may be given a limited suspension or revocation that restricts driving on the installation to the most direct route to and from their respective worksites (see Title 5, U.S.

Code, Section 2302(b)(10)). This is not to be construed as limiting the commander from suspension or revocation of on-duty driving privileges or seizure of OF 346, even if this action would constructively remove a person from employment in those instances in which the person’s duty requires driving from place to place on the installation.

g. Appeals or reconsiderations of decisions on requests for restricted driving privileges must be submitted in writing through command channels to the GC. The suspension will remain in effect pending a final ruling on the request.

2-11. REINSTATEMENT OF DRIVING PRIVILEGES.

a. Reinstatement of driving privileges will be automatic, provided all applicable revocations have expired, reinstatement requirements of the individual’s home state and/or state in which the individual may have been suspended have been met, and proper proof of a valid state driver’s license, completion of remedial driving course, and/or substance abuse counseling (if required) have been provided to DPS.

b. To request early reinstatement of installation driving privileges (probation) for a non-DUI suspension, the affected party will submit a memorandum in support of their request through command channels to the Chief, Administrative and Civil Law, OSJA. Attached to the request should be proof of a valid driver’s license, proof of vehicle registration, and proof of current insurance, as well as proof of the completion of any driver improvement or substance abuse classes, if required. The OSJA will review the request and forward its legal review to the GC for final determination. The granting of probation is discretionary. The terms and conditions of probation will be specified in writing and provided to the individual concerned. The original suspension or revocation term in its entirety may be activated to commence from the date of the violation of probation. In addition, separate action may be initiated based on the commission of any traffic, criminal, or military offense that constitutes a probation violation.

2-12. EXTENSIONS OF SUSPENSION AND REVOCATION.

a. Driving in violation of a suspension or revocation imposed under this reg will result in the original period of suspension or revocation being increased by five years IAW AR 190-5. In addition, administrative action may be initiated based on the commission of any traffic, criminal, or military offenses; e.g., active duty military personnel driving on the installation in violation of a lawful order.

b. For each subsequent determination within a five year period that revocation is authorized under paragraph 2-5 of this reg, military personnel, DOD civilians, contractors, and non-appropriated fund employees will be prohibited from obtaining or using an OF 346 for six months. A determination whether DOD civilian personnel should be prohibited from obtaining or using an OF 346 will be made IAW the laws and regs applicable to civilian personnel. This does not preclude a commander from imposing such prohibition for a first offense or for a longer period of time for a first or subsequent offense, or for such other reasons as may be authorized.

c. Commanders may extend a suspension or revocation of driving privileges until proof is provided of completion of an approved remedial driver training course or alcohol or drug counseling program.

d. Commanders may extend a suspension or revocation of driving privileges on civilian personnel convicted of intoxicated driving on the…